Information Commissioner's Office

NHS Commissioning Board (NHS England)

28 January 2016, Health (NHS)

The complainant made a freedom of information request to NHS England for the costs of suspending a named doctor. In response NHS England refused to confirm or deny if the requested information was held under section 40(5)(b)(i). The Commissioner’s decision is that section 40(5)(b)(i) was incorrectly applied and NHS England failed to comply with section 1(1)(a) of the Act by refusing to confirm or deny if the requested information was held. The Commissioner requires the public authority to inform the complainant whether or not it holds the requested information. The public authority must take these steps within 35 calendar days of the date of this Decision Notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court (or the Court of Session in Scotland) pursuant to section 54 of the Act and may be dealt with as a contempt of court.

FOI 1: Upheld FOI 40: Upheld